WARRANTLES

S ARREST AND
DETENTION
 Carrying out the investigation is nothing without arresting the
perpetrator. The arrest is the transfer of a person suspected of having
committed an act that Law defines as a criminal offense to the custody
of a law enforcement agency empowered to answer inquiries related to
the commission of the crime.
 Warrant of Arrest
In the course of investigation, if the identity of the person suspected to have committed a crime
was already established and the evidence of guilt pointing him/her as the perpetrator of the
crime is strong, then investigators should secure a warrant in order to arest the person.
Warrant of Arrest is defined as a document from court ordering and directing any law enforcer
to apprehend and detain any person whose name will appear in the warrant for him to answer
matters regarding the commission of a crime. Any person suspected to have committed a crime
can only be lawfully arrested after securing a warrant
 Filing criminal charges should be done
specifically if the warrantless arrest is either
 Flagrante Delicto - That the person to be arrested is about to commit, actually
committing, or have just committed an act to which the law defines it as a crime in
the presence of the person who will make the arrest.
 Hot Pursuit - That the person to be arrested have committed an act to which the law
defines it as a crime and the person making the arrest have probable cause that the
same person is probably guilty of a crime.
 Hot pursuit - If a person is arrested without the benefit of a warrant, an
inquest will be conducted to ensure that the arrest made is legal and in
accordance with the law. This is conducted if the person to be arrested
is one who escaped from penal confinement.
 Rules in Making Arrest

In making arrest, the Rules of Court provides the following guidelines such that

1. It should be made by an actual restraint of a person to be arrested or,

2. 2. By submission of the person to be arrested to the custody of any person making the arrest.

It must be noted that in the event of arresting the suspect allegedly to have committed a crime,
the person making the arrest should observe:
1. not to use any unnecessary force and
2. use only the force necessary to arrest the person.

Any form of violence is not allowed also, since it may cause the physical evidence to be
incompetent and therefore, inadmissible as evidence during court presentation.
Execution of
Warrant

The execution of a warrant simply means as carrying out the

duty to find the person whose name was written in the warrant
and cause his arrest and detention. After a warrant has been
issued by the honorable court, any law enforcer directed to
cause its execution should exhaust all the remedies to arrest
the person whose name appears in it.
 In executing the warrant, the following should be observed:
1. A warrant can be executed either during the day or night;
2. 2. The person making the arrest shall inform the person to be arrested that a warrant has been issued for his arrest;
and
3. 3. It must be executed within 10 days from the moment it was received;

However, the person making the arrest shall proceed with the arrest of the person even
Without informing him of the cause of arrest or that a warrant was issued for him to be
arrested provided that either of the following is present:
1. The person flees;
2. 2. The person forcibly resisted; or
3. 3. It will hamper successful arrest of the person.

Moreover, if the person whose name appeared in the warrant cannot be located or traced within 10
working days upon its receipt, the law enforcer task to execute the warrant shall make a report to the
judge who issue the same, explaining the reason/s for the failure to arrest the person within the time
given by the court.